Archives for 2018

$313,230.40 verdict, breached mountain fish pond

April 21, 2018 By lilly

VERDICT: $313,230.40 for driveway construction costs and property damage resulting from strict liability breach of mountain fish pond. [Read more…]

Defense verdict, med-mal, tonsillectomy complications

April 21, 2018 By lilly

VERDICT: Defense, medical malpractice, tonsillectomy complications. [Read more…]

Defense verdict, UCC/RISA, mobile home contract

April 21, 2018 By lilly

VERDICT: Defense, UCC/RISA claims by mobile home contract purchasers who moved out while behind on payments and home was re-sold to a 3rd party. [Read more…]

Insurance, AD&D policy, meds overdose death

April 21, 2018 By lilly

INSURANCE: AD&D policy coverage of death from meds overdose improperly denied on summary judgment based on miscellaneous casualty insurance rather than “disability insurance”. . . Watters reversed (unpublished). [Read more…]

Malicious prosecution, game/insurance fraud

April 21, 2018 By lilly

MALICIOUS PROSECUTION claims asserted following failed prosecution of game and insurance fraud charges properly dismissed on summary judgment. . . Christensen affirmed (unpublished). [Read more…]

Vehicle search, suspicion of narcotics trafficking

April 21, 2018 By lilly

VEHICLE SEARCH: Traffic stop properly based on speeding. . . anonymous tip provided sufficient basis to prolong based on suspicion of narcotics trafficking. . . Christensen affirmed (unpublished). [Read more…]

Vehicle search/speedy trial

April 21, 2018 By lilly

VEHICLE SEARCH/SPEEDY TRIAL claims properly rejected. . . Watters affirmed (unpublished). [Read more…]

Settlements

April 21, 2018 By lilly

Plan I

Heidi Butcher, multiple, 12/13, baker for Lewistown School Dist., MSGIA accepted claim as temporary thoracic strain and denied all other body parts, treatment, and benefits, numerous significant disputes as to liability for medical conditions, treatment, entitlement to indemnity, $65,000 for all claims, stipulated judgment; Michele Levine for Butcher, Morgan Weber for MSGIA [Read more…]

HOA/LTA: LTA neighbor standing, HOA restrictions

April 14, 2018 By lilly

HOA/LTA: LTA claims against Plaintiff’s neighbor that provides assisted living services properly dismissed for lack of standing. . . HOA business and quiet use restriction claims improperly dismissed under 12(b)(6) . . . Ulbricht affirmed, reversed. [Read more…]

Postconviction, “new evidence,” van/bike collision

April 14, 2018 By lilly

POSTCONVICTION: Victim’s latent recollection that he swerved his bike in front of Defendant’s van rather than Defendant running him down not “newly discovered evidence” of “actual innocence” of attempted mitigated homicide. . . counsel not ineffective for not interviewing victim based on belief that he had no recollection. . . Larson affirmed. [Read more…]